Title
Water Infrastructure Finance Authority Contract - Request to Amend (Ordinance S-50876)
Description
Request to amend Ordinance S-50499 to authorize the City Manager, or his designee, to enter into grant fund agreements with the Water Infrastructure Finance Authority of Arizona that include an exception to the indemnity and assumption of liability provision found in Phoenix City Code 42-18.
Report
Summary
The City Council approved a request to retroactively apply for grant funding and, if awarded, enter into grant agreements with the Water Infrastructure Finance Authority (WIFA) on Jan. 24, 2024, by adopting Ordinance S-50499. Since adoption of that ordinance, the City of Phoenix Public Works Department was awarded the grant for the Cooling Tower Water Savings Project which involves installing upgrades to include a combination of MIOX and water softeners at seven locations to improve the operational efficiency of 17 cooling towers. WIFA has released the draft agreements for the grant and has included indemnification and assumption of liability language that requires an exception from Council to the indemnity and assumption of liability of provision in Phoenix Code 42-18.
WIFA approved the application submittal and will be providing funding towards the Cooling Tower Water Savings Project if the agreement is approved and executed.
Financial Impact
The total cost of the project remains approximately $3,745,300. The WIFA award is $2,935,000 with the cost-share portion for the City of Phoenix Public Works not to exceed $810,300.
Department
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Works Department.